Complain to labour commissioner against company refusal to issue you reliving order 

You have received no dues certificate 

under the circumstances company cannot refuse to issue you relieving letter as you have already paid the penalty 

1. You are not liable for any breach of agreement.
2. You have many legal remedies against employer. You can approach civil Court and compel employer to issue reliving letter, labour Court has no jurisdiction as your salary is above the limit of labour Court. But obtaining order from Court will take years and your name will also be spoiled in market. Try to convince the  employer to issue necessary document, once you get documents you will be free bird. Out of Court is best option.

You can send a legal notice mentioning the details and demand the relieving letter, if the notice fails to invoke response you can approach court for relief 

The company 's flimsy excuses will not be maintainable in court of law hence you may initiate legal action as suggested 

As you have offset the non-service of contract period by paying money and obtained no dues, the breach of contract prima facie does not arise.

G.Rajaganapathy

Advocate

High Court of Madras

No in above case not liable 

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Since, the said company has already issued "No dues pending clearance letter "to you then they cannot refuse to issue a Relieving letter on any ground.

- You can issue a Legal notice for getting the same. 

You can contact me if further suggestion needed. 

Since you have already paid the penalty as per the contract and obtained a "No Dues Pending" clearance, the company cannot legally withhold your relieving letter solely on the basis of the service obligation period. Here’s what you can do:

1. Send a Legal Notice

Since repeated written requests and reminders have been ignored, you should send a formal legal notice to the company demanding immediate issuance of the relieving letter. The notice should state:

• That you have fulfilled all financial obligations, including the penalty payment.
• That withholding the relieving letter is arbitrary, illegal, and against natural justice.
• That failure to issue the relieving letter may compel you to take legal action.

2. Lodge a Complaint with the Labour Commissioner

If the company still refuses, you can file a complaint with the Labour Commissioner or relevant authorities (depending on your employment classification). This can help in obtaining a resolution without going to court.

3. File a Writ Petition in the High Court

If the employer's refusal is unreasonable and causing hardship, you can file a writ petition under Article 226 of the Constitution before the High Court seeking:

• A direction to the company to issue your relieving letter.
• Compensation for the mental and professional distress caused.

4. Approach a Civil Court for Specific Performance

You can also file a civil suit against the company for a declaration that you are entitled to a relieving letter and seek damages for non-compliance with the contract.

Are You Still Liable for Breach of Contract?

No, once you have paid the penalty as per the contract, your obligations are discharged. The company cannot impose additional conditions beyond what was agreed in the contract. Their refusal to issue the relieving letter is unfair and legally challengeable.

If this delay is affecting your career or new employment opportunities, act swiftly with a legal notice and escalate to higher authorities if necessary. Let me know if you need assistance in drafting the notice.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Dear Client,

As you have cleared all dues and fulfilled the contractual penalty for not completing the service obligation, your previous employer cannot withhold legally your relieving letter. You canresort to the following legal courses of action:

Send a Formal Legal Notice – Issue a legal notice through a lawyer to the company, demanding that the relieving letter be issued forthwith,especially when you can prove that all obligations are settled by 'No DuesPending' clearance.

Even though the salary has crossed ₹24,000, it is still possible to present a complaint with the Labour Commissioner regarding unfair laborpractices, for interference in obtainingthe documents.

Civil Lawsuit for declaratory relief-incase the said company continues their refusal to relinquish your relieving letter then you can start a civil legalproceeding in that local court suing for a declaratory relief or declaration of itbeing a Full and Final settlement and directing a relieving letter.

Report to HR Authorities (EPFO & NSR) – In case, issue cannot be resolved, report it to EPFO (if settlement is pending at office) or NSR authorities of National Skills Registry if relievingletter is denied since its refusal mayhamper employment history verification.

Leverage Online Platforms & Company Reputation – If options through the law are slow, put up an honest review on the platform like Glassdoor or LinkedIn, of your concern, which may make HR act in good time.

Since you have paid the contractual penalty, no breach of contract exists, and the company is acting in bad faith. Begin with a legal notice and escalate as necessary.